The US Supreme Court heard arguments on Apr. 28 regarding Bayer AG’s attempt to stop thousands of lawsuits alleging its Roundup herbicide should have included a cancer warning, according to Bloomberg’s Greg Stohr. The justices considered a $1.25 million jury verdict awarded to a Missouri man who linked his non-Hodgkin lymphoma to the product, with Bayer arguing that federal law preempts state claims because US regulators did not require such warnings.
This case is significant as it could impact not only Bayer but also other industries governed by similar federal labeling laws. A decision in favor of the company may influence how medical-device, cosmetic, and food manufacturers address liability for their products.
Justice Brett Kavanaugh questioned whether state lawsuits could be reconciled with federal requirements for uniform herbicide labels, while Chief Justice John Roberts suggested states should be able to alert citizens if new evidence shows a product is risky. “Bayer drew supportive comments from Justice Brett Kavanaugh, who questioned whether lawsuits alleging a failure to warn could be squared with a provision in federal law requiring ‘uniformity’ in herbicide labels,” Stohr reported. “But Chief Justice John Roberts suggested that states considering new evidence that a product is risky should be allowed to ‘call this danger to the attention of the people.'”
Paul Clement, representing Bayer, said before the court: “Here, a Missouri jury imposed a cancer warning requirement that the EPA does not require,” and argued this additional requirement is preempted by federal law. Ashley Conrad Keller represented those suing Bayer and referenced prior Supreme Court decisions suggesting registration under pesticide law does not create binding label requirements.
While justices were divided during oral arguments—some pressing Bayer’s attorney more than others—the outcome remains uncertain until an expected ruling by early July.
Outside the courthouse, activists from Make America Healthy Again (MAHA) rallied against pesticides as justices heard arguments in what they called “The People vs. Poison.” Vani Hari told Reuters: “You cannot make America healthy again and protect the corporations that are poisoning us.” Meanwhile, The Associated Press’ David A. Lieb reported on an earlier proposed $7.25 billion settlement between Bayer and cancer patients; however, this settlement would not affect the Supreme Court case currently under consideration.
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